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Old 05-07-2010, 07:00 AM
 
2 posts, read 12,000 times
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My wife and I have been renting a 2 bedroom house for three years and have never been late on the rent until recently. My wife was the primary breadwinner in the house, and recently she had to have surgery to have a pacemaker put in and while in the hospital they also found she had Diabetic Neuropathy, which is a degeneration of the nerves, specificallly in her legs, so it has been becoming rapidly harder for her to walk or maintain balance. She has had to quit her job because of it,and I'am only working part time and having trouble finding full time work. A friend of mine who's mother is a legal secretary said that if some one has a disablilty in the house, they can not kick you out. Please let me know if this is true, and if there is anything we can do. Thank you for any and all help in advance.

One other thing, the land lord said he would work with us on the rent, but it would be nice to know options for a worst case scenario.
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Old 05-07-2010, 07:35 AM
 
1,465 posts, read 5,147,223 times
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I am sorry for you situation.

As for your question, you are asking can a landlord evict someone for non-payment if they have a disability? Although you don't list your state, I would be very surprised if there was any state that forces a landlord to be your benefactor. Would that be fair to the landlord?
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Old 05-07-2010, 08:14 AM
 
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Wife Recently Disabled and Late On Rent in Florida
It has Florida in the title.
I'am not saying I want to never pay rent or to stay indefinitely for free,we like the place and want to stay. I was just hoping it would give a little more time, cause her condition came up with in a month or so, and we just need time to bounce back. Might just be worrying to much. Thanks for the reply.
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Old 05-07-2010, 08:34 AM
 
Location: San Antonio, TX
556 posts, read 2,087,424 times
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TRA47 - I found this online - it doesn't address your specific question, but at the end of the document in Appendix A, there are names and addresses of entities that can assist tenants with questions - maybe you could call the one that is for your specific area of Florida and ask them your question....

http://cdn.publicinterestnetwork.org...Rights-2.1.pdf

Good luck - I hope your wife does well - and that you and your landlord can come to an agreeable plan to getting you current on your rent....if he will accept partial rent - I think I'd be paying whatever I could, as often as I could - in a good faith effort to show I wanted to stay in the house and pay my rent....
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Old 05-07-2010, 09:18 AM
 
Location: Boise, ID
8,046 posts, read 28,478,357 times
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Quote:
Originally Posted by TRA47 View Post
Wife Recently Disabled and Late On Rent in Florida
It has Florida in the title.
I'am not saying I want to never pay rent or to stay indefinitely for free,we like the place and want to stay. I was just hoping it would give a little more time, cause her condition came up with in a month or so, and we just need time to bounce back. Might just be worrying to much. Thanks for the reply.
Unfortunately, if you look at it from a landlord's point of view, a tenant who intends to make good can be indistinguishable from a tenant who is taking advantage of the system. They both say that they intend to pay the rent eventually, and a LL isn't a mind reader to know which are for real. For that reason, most landlords have learned the hard way that if you let a tenant get behind, for any reason, you are just asking to get bitten. If your LL is willing to work with you, be grateful, they almost certainly have no obligation to do so.

What your friends mother probably said, that was misunderstood was that they can't kick you out because you are disabled (discrimination). They almost certainly CAN kick you out if you don't pay rent, even if you are disabled.
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Old 05-07-2010, 09:53 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,703,004 times
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I hope you can work something out with your LL until things improve for you. Is your wife eligible for disability benefits since she's unable to work? And if you can't find a full time job maybe you can find another part-time job - and maybe your wife could find a home-based job which doesn't entail walking?

And Lacerta is correct in that the LL isn't legally bound to make any exceptions for you because of your changed circumstances. Good luck.
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Old 05-07-2010, 11:08 AM
 
Location: southwest TN
8,568 posts, read 18,110,026 times
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Since your wife was the actual head of household, you very probably qualify for section 8 assistance. Sounds like it's time for you to contact the Center for Independent Living in your town and find out what's available to help you.
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Old 05-07-2010, 11:27 AM
 
Location: Clermont Fl
1,715 posts, read 4,778,009 times
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Quote:
Originally Posted by TRA47 View Post
My wife and I have been renting a 2 bedroom house for three years and have never been late on the rent until recently. My wife was the primary breadwinner in the house, and recently she had to have surgery to have a pacemaker put in and while in the hospital they also found she had Diabetic Neuropathy, which is a degeneration of the nerves, specificallly in her legs, so it has been becoming rapidly harder for her to walk or maintain balance. She has had to quit her job because of it,and I'am only working part time and having trouble finding full time work. A friend of mine who's mother is a legal secretary said that if some one has a disablilty in the house, they can not kick you out. Please let me know if this is true, and if there is anything we can do. Thank you for any and all help in advance.

One other thing, the land lord said he would work with us on the rent, but it would be nice to know options for a worst case scenario.
Yes they can kick her out why she is not paying on time does not matter nor should it. Sounds like you need a second job time to step up to the plate.
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Old 05-07-2010, 01:06 PM
 
28,115 posts, read 63,672,505 times
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Some areas like mine have provisions that disabled cannot be made to move for things like the owner or owner's family want to occupy the property or the new owners want the property vacant...

This provision has nothing to do with not paying rent due.

Some areas have shorter wait times for those applying for Section 8/Voucher housing due to disability or for the aged...
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Old 05-07-2010, 01:38 PM
 
Location: Boise, ID
8,046 posts, read 28,478,357 times
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In my area, the waiting list to get on Section 8 housing was 3 years, last I heard. No idea if they have any speedy approvals for disabilities. I thought it was an issue of being out of money.

I know we have had churches pay 1 or 2 months rent for tenants in trouble before, you could look into that if you have a church you attend.
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